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Article 371 of Indian Constitution
Article 371 falls under Part XXI (Temporary, Transitional, and Special Provisions) of the Indian Constitution. It provides special provisions for certain states to address their unique needs in terms of development, governance, and cultural preservation.
- Article 371 itself provides special provisions for Maharashtra and Gujarat.
- However, Articles 371A to 371J extend special provisions to other states, such as Nagaland, Assam, Manipur, Andhra Pradesh, and others.
The Governor of Maharashtra & Gujarat has a special responsibility:
- Ensuring the equitable distribution of development funds for backward areas in these states.
- Establishing development boards for Vidarbha, Marathwada (Maharashtra) and Saurashtra, Kutch (Gujarat).
India's Civil Liability for Nuclear Damage Act, 2010 (CLND Act) plays a crucial role in balancing the growth of the nuclear energy sector with the protection of public interests. Its significance can be understood from multiple perspectives:
- Protection of Public Interest
- Ensures that victims of nuclear accidents receive compensation without having to prove negligence.
- Establishes a Nuclear Damage Claims Commission to handle claims efficiently.
- Encourages operator accountability, reducing the risk of mishandling nuclear installations.
- Boosts India's Nuclear Energy Program
- By setting clear liability rules, it provides a legal framework for nuclear energy expansion.
- Supports India's goal of increasing nuclear power generation as part of its clean energy initiatives.
- Supplier Liability -A Unique Aspect
- Unlike many international norms (e.g., the Convention on Supplementary Compensation), India's law allows operators to recover damages from suppliers if defective equipment causes an accident.
- This provision ensures that suppliers cannot escape responsibility for faulty technology.
- However, it has made foreign suppliers hesitant to invest in India's nuclear projects.
- Alignment with International Norms
- India has joined the CSC, but its domestic law still differs in terms of supplier liability.
- Balances international investment concerns with national interests.
- Strategic and Geopolitical Importance
- Strengthens India's nuclear diplomacy by offering clarity on liability in agreements with countries like the U.S., Russia, and France.
- Encourages the development of indigenous nuclear technology while ensuring foreign collaborations follow India's safety and liability framework.
Article | State(s) Covered | Special Provisions |
371A | Nagaland | Special status to protect Naga customary law & land rights; No Parliamentary law applies to Nagaland unless the Legislative Assembly agrees. |
371B | Assam | Special provisions for Tribal Areas; Governor has power over Committee on Tribal Areas. |
371C | Manipur | Special Hill Areas Committee for the protection of tribal interests. |
371D & 371E | Andhra Pradesh & Telangana | Ensures equitable opportunities in government jobs & education; Special Tribunals to resolve disputes. |
371F | Sikkim | Protects the rights of Sikkimese people; ensures reservation in state legislature. |
371G | Mizoram | Protects Mizo customary law and land ownership rights. |
371H | Arunachal Pradesh | Special powers to the Governor regarding law and order. |
371I | Goa | Guarantees a minimum number of seats (40) in the State Assembly. |
371J | Karnataka (Hyderabad-Karnataka region) | Provides special status to backward districts (e.g., Gulbarga, Koppal, Bellary), including reservations in education and employment. |
Preserves cultural identity of states like Nagaland, Mizoram, and Sikkim.
Ensures regional development in backward areas of Maharashtra, Gujarat, and Karnataka.
Provides job and education reservations in Telangana and Andhra Pradesh.
Maintains law and order autonomy in states like Arunachal Pradesh.
- Article 371 protects the unique identity and development needs of different Indian states.
- Unlike Article 370, these provisions are not temporary and continue to be integral to India's federal structure.